Vista Divorce Attorneys – Hire The Right Family Law Firm To Advocate For Your Best Interest in Child Support, Visitation Rights, Spousal Support/Alimony, & Asset Division During Marriage Dissolution
A Vista divorce lawyer and family law attorney can help you understand the divorce process in California and your options. A judgment of dissolution of marriage cannot be entered unless two requirements are met. First, both or one party must be a resident of CA state for duration of more than six months. Second, either couple must be an inhabitant of the county in which divorce proceeding are instituted at least three months before the petition filing. If you need help with your dissolution of marriage call to get connected with a Vista divorce attorney for consultation.
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During the divorce proceedings, the issues of spousal support are inevitable. The court considers various circumstances while deciding on spousal maintenance. These conditions are:
- The probability of a person who is asking for spousal support to get self-supporting employment.
- The extent and duration that party’s present and future earning was impaired when supported party was busy performing domestic duties.
- The contribution made by the supported party to train or educate the supporting party.
- The capacity of the supporting party to contribute to the support.
- The needs and requirements of each party which has been established during the existence of the marriage.
- The time the spouse has lived together as wife and husband.
- The ability of the supported party to gain employment without interfering with the interests of children that are born during the existence of the marriage.
- The health and age of both parties
- History of the spouse, especially if there is any evidence of domestic violence during marriage.
- The tax that each party is required to pay, immediate or specific
- Any other factor that the court thinks is just and equitable.
Custody of the children may be awarded to either parent. There are no presumptions or preferences when it comes to legal custody, individual custody, or shared physical custody. The court has the widest discretion, to make a parenting plan which promotes the best interest of the child. While determining the best interest of the child and custody, the court considers the following factors.
- The safety, health and the child welfare
- History of abuse by parents or any other individual who might me seeking custody of the child
- The parent’s other partner in case he or she has been dating or engaged in another relationship
- Care-taking and blood relationship
- The extent of contact the child and either parent had during the existence of the marriage
- The habitual illegal use of drugs or alcohol abuse by either of the parents.
- Any other factor that the court deem fit
Custody of the child is stipulated in sections: 3010, 3011, and 3040 of the California Family code. However, it is important to note that the provisions do not apply if both parties agree in writing about visitation and custody.